LAC 50:I.3715. Continuation of Services during the Pending MCO Appeal or State Fair Hearing [Formerly LAC 50:I.3711]

A. Timely Filingfiling on or before the later of the following: 1. within 10 calendar days of the MCO’s mailing of the notice of adverse benefit determination; or 2. the intended effective date of the MCO’s proposed adverse benefit determination. B. Continuation of Benefits. The MCO must continue the member’s benefits if the: 1. member or the provider, with the member’s written consent, files the appeal timely; 2. appeal involves the termination, suspension, or reduction of a previously authorized course of treatment; 3. services were ordered by an authorized provider; 4. original period covered by the original authorization has not expired; and 5. member timely files for continuation of benefits. C. Duration of Continued or Reinstated Benefits 1. If, at the member's request, the MCO continues or reinstates the member's benefits while the appeal is pending, the benefits must be continued until one of following occurs: a. the member withdraws the appeal or request for state fair hearing; b. 10 calendar days pass after the MCO mails the notice providing the resolution of the appeal against the member, unless the member has requested a state fair hearing with continuation of benefits, within the 10-day timeframe, until a state fair hearing decision is reached; or c. a state fair hearing entity issues a hearing decision adverse to the member. D. Member Liability for Services. If the final resolution of the appeal is adverse to the member, the MCO may recover from the member the cost of the services furnished to the member while the appeal is pending, to the extent that they were furnished solely because of the requirements of this Section, and in accordance with federal regulations.